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HomeMy WebLinkAboutminutes.council.19980608Regular Meeting Aspen City Council June 8, 1998 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Markalunas, Paulson, Richards and Vickery present. CITIZEN COMMENTS There were no comments COUNCILMEMBER COMMENTS 1. Mayor Bennett congratulated the Aspen Rugby Team on their seco nd national championship 2. Councilman Markalunas noted that in the 100 Years Ago Today column of the Aspen Times parents were being cautioned to make sure their children stay away from high water. Councilman Markalunas said this is still true today and parents should be especially watchful at Herron Park. 3. Councilman Markalunas moved to put HPC approval demolition of nonhistoric garage at 234 W. Francis Street to the end of the action agenda; seconded by Councilman Paulson. All in favor, motion carried. 4. City Manager Margerum requested Council schedule a work session on accessory dwelling units. Council scheduled this for June 15th at 5 p.m. CONSENT CALENDAR Councilman Paulson moved to adopt the consent calendar; seconded by Councilwoman Richards. The consent calendar is: · Resolution #45, 1998 - Accepting 10th Mountain Division Statue From Bidwell Estate · Resolution #44, 1998 - Approving Amendment to Cozy Point Operating Agreement · Resolution #46, 1998 - Wheeler Phone System Contract · Minutes - May 11, 27, 1998 1 Regular Meeting Aspen City Council June 8, 1998 All in favor, motion carried. ORDINANCE #13, SERIES OF 1998 - Code Amendment Farmers’ Market Mitch Haas, community development department, pointed out this ordinance has been greatly simplified since first reading. Haas said he has scheduled a meeting tomorrow for all persons interested in the farmers’ market. Haas told Council he has given flyers to businesses on affected streets. The actual vending agreement for a farmers’ market will be on the June 22nd Council meeting. Haas noted that a lot of the language that had been part of the code amendment will be part of the vending agreement. Mayor Bennett opened the public hearing. Miranda Gallery representative said they are concerned about a potential location on Hyman in front of their store. Mayor Bennett closed the public hearing. Haas told Council staff has narrowed potential locations to 3 downtown spots; Hyman between Hunter and Galena; Hopkins between Hunter and Galena; Hopkins between Mill and Monarch. Haas noted the north/south streets have been eliminated because of cutting off access to the alleys. Mill, Monarch and Aspen streets are bus routes; Galena street has the shuttle for much of the year; Durant Avenue is a major transportation street. The plaza on top of the Rio Grande is not a good location for loading and unloading and the traffic circle is used by law enforcement and the Galena shuttle. Haas said there will be concerns for every block; whichever location has the fewest concerns will be where the market is located. Councilwoman Richards asked if before the final vending agreement action by Council, staff will look at using the parking in front of Cap’s Auto for a market spot, also look at the Silver circle Ice Rink. Councilwoman Richards questioned whether it is necessary to have this market in the commercial core. It might be better located in a more residential area adjacent to the commercial core. Haas said the Silver Circle is private owned and staff has not had much success in working out a deal. The city would have to amend the Aspen Mountain PUD in order to use the Silver Circle. 2 Regular Meeting Aspen City Council June 8, 1998 Councilwoman Richards moved to adopt Ordinance #13, Series of 1998, on second reading as amended; seconded by Councilman Paulson. Roll call vote; Councilmembers Paulson, yes; Markalunas, yes; Vickery, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #17, SERIES OF 1998 - 123 W. Francis, Historic Landmark Lot Split Councilman Vickery stepped down due to conflict of interest. Mitch Haas, community development department, told Council this project was reviewed and approved by the HPC; however, the applicant wants to make sure this is appropriately approved. Haas said this lot is 10,500 square feet and will be divided into two 5,250 square foot parcels. The allowable FAR for a duplex on the fathering parcel will be allocated between the two lots. The project has not been subject to any subdivisions in the past. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards asked if this lot split creates any new FAR. Haas said the existing allowable FAR will be split between the two lots; no new FAR will be created. Councilwoman Richards moved to adopt Ordinance #17, Series of 1998, on second reading; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #19, SERIES OF 1998 - Code Amendment S/C/I Zone District Councilman Markalunas moved to read Ordinance #19, Series of 1998; seconded by Councilman Paulson. All in favor, motion carried. ORDINANCE #19 (Series of 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE SERVICE/COMMERCIAL/INDUSTRIAL (S/C/I) 3 Regular Meeting Aspen City Council June 8, 1998 ZONE DISTRICT, SECTION 26.28.160 OF THE ASPEN MUNICIPAL CODE was read by the city clerk Chris Bendon, community development department, told Council P & Z has been addressing this code amendment for the last 5 months. Bendon showed Council the two primary areas zoned SCI, north of Mill street on both sides of Mill street and along East Bleeker street. Bendon said P & Z looked at the zone district, how SCI fits into the town, what is the city’s philosophy for the SCI zone and then P & Z developed an intent statement. The whole process arose from P & Z and Council being concerned about the SCI district, the businesses in that zone and whether they are complying with that zoning. Bendon said staff and P & Z have been trying to establish what the zoning should be and what the enforcement policy should be. Bendon said P & Z held public hearings on this code amendment. Bendon said he tried to send notices to businesses within the SCI district and a large number of business owner participated either at P & Z meetings or contacted staff. Howard Bass said the ordinance deals too much with the past and not the future, most of the uses listed are almost obsolete. Bass suggested a clause stating, “uses similar in nature and intent to those permitted subject to conditional use review”, which would allow for future uses the P & Z has not thought of. Bass noted that florist has been removed from the uses, which makes it difficult for Aspen Branch, a use that has been grandfathered into the SCI zone. Beth Gill, Aspen Branch, said her business is not a florist but is a commercial industrial design business. This is a new use because of a change in Aspen, parties, caterers and hotels to be designed for, rather selling flowers. Vince Gallucio, Aspen Repair, handed out 1989 Council minutes dealing with the location of an architect into the SCI zone. The then planning director and P & Z were against this use in the SCI as architects offices are professional offices, which is specifically not allowed in SCI. This, in effect, has upzoned the SCI zone. Mayor Bennett said he spoke to a then Council person who said Council made a mistake in 1989 by allowing architect offices in the SCI zone. Tom McCabe noted that the SCI zone is only 9 percent of the total commercial zone in Aspen and is meant to provide limited space for services to people who live in Aspen. The move of offices into that space is squeezing those service type businesses down valley. Charlie Tarver agreed that the businesses this zone was 4 Regular Meeting Aspen City Council June 8, 1998 designed to protect are being forced out. Tarver said as businesses leases end, this zone should revert back to its true intention. Bill Lipsey read to Council from a staff memo dated 1994, “The SCI zone district allows artists studios as a permitted use. Several years ago the Aspen City Council made a determination that architects are artists for purposes of this code section because of their typical activities which include model building, rendering and sketching”. Lipsey said the SCI area has become somewhat of creative zone. Lipsey said this code amendment rejects the concept that architects are artists. Bendon said the proposal is that any business that is lawfully established, complying with the zoning and whatever staff recommendations they have relied on, should not be kicked out because of a change in zoning. This is consistent with the city’s general policy. Councilwoman Richards noted the staff memo has category 6, businesses that were illegally established and remaining and businesses that vacate or amend their use to become a legal use within 3 years of adoption of this ordinance. Councilwoman Richards asked by second reading a list of businesses that would fall in this category. Sarah Pletts told Council she feels the artists and their studios have become an important part of the community. Mayor Bennett said there are no comments in the P & Z minutes that any businesses will be forced out of this zone. Affordable housing will still be an allowed use. Someone noted that the housing is free market. Mayor Bennett said it is not his intent to have free market housing in this zone. Councilwoman Richards requested for second reading specific changes on uses and why, a story behind each use, if there has been a change. Councilwoman Richards asked if grandfathered uses can be listed in the ordinance. John Worcester, city attorney, said there is a section in the code that addresses non-conforming uses and their protection. Worcester said the protection of being able to sell one’s business as long as the use does not change is not new; it is already in the code. Worcester said the city could give an opinion letter to businesses to let them know which category they are. Worcester asked if the intent in the ordinance is to disallow architects as artists studio. Bendon said the recommendation from P & Z was unclear and this needs to be addressed by Council. Worcester asked if a florist arrangement would qualify under definition of an artist. Bendon said he feels the florist arranger is within the 5 Regular Meeting Aspen City Council June 8, 1998 intent of the zone district as it exists now and as it is proposed. Bendon said P & Z’s concern about “florist” is that it opens the door to a more commercial use. Tarver asked if there are mitigation requirements for expanded use. Bendon said the SCI area is a commercial area and its intent to is provide for a business inappropriate for the commercial core. Council needs to consider whether mitigation should be required in the SCI or not. Councilman Markalunas said he would like to see uses in this zone have some historical context, like farrier, blacksmith, general fix-it shop. Bendon said this code amendment will need to be followed by a series of definitions to clarify the uses. Bendon said Council should tell staff what they would like to see in the SCI zone and staff will come back with the definitions. Councilman Markalunas said his idea of the SCI zone is to provide needed services people cannot have in the downtown retail areas. Councilman Vickery said he is interested in knowing how the city can address more intense uses or growing uses and the mitigation for that change. Bendon noted the growth management regulations look at “change in use” of going from residential to lodge or from lodge to commercial. There is no way to assess mitigation when a use gets more intense in the city’s current regulations. Councilman Vickery said there may be some relationship to the number of employees or the number of people in a given space. Councilwoman Richards reiterated she would like a list of uses moved from permitted to conditional, or vice versa, or uses dropped entirely, uses added that Council may consider an expansion. Councilwoman Richards said she would like the category incomes for housing included. Councilwoman Richards suggested a working draft of the definitions before second reading. Councilwoman Richards said she would like a letter on the grandfather elements, what businesses exist now that are neither listed in permitted or conditions. Mayor Bennett said he likes the purpose statement, “The purpose of the service/commercial/industrial SCI zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which do not require or generate high customer traffic volumes of primarily oriented toward manufacturing, repair, storage and servicing of consumer goods and have a limited office, showroom, retail, or customer service area, to permit artists studio and 6 Regular Meeting Aspen City Council June 8, 1998 shopcraft industries and to permit customary accessory uses including affordable residential dwelling units accessory to permitted uses”. Mayor Bennett asked if sales of sporting goods is defined or limited. Bendon said some areas of this ordinance allow more than existing uses. This will fall within the retail showroom being 50 percent of the business. Mayor Bennett asked for staff to note areas where the SCI zone is being loosened rather than tightened up. Mayor Bennett said the city may also need to look at the size of a business. Amy Margerum, city manager, suggested before second reading Council ask P & Z to finalize the definitions so Council can consider these with the list of uses. Council could pass this on first reading and not set the public hearing. McCabe said the use “artist studio” can be abused. The SCI zone was blue collar and 10 percent of the commercial core should be set aside for blue collar uses. Stan Clauson, community development director, told Council the definition of artist and studio has recently been changed to make it less broad. Clauson said staff asked P & Z to have things called what they are and that the definition of “artist studio” be restrictive and relate to fine arts. Councilwoman Richards said there is a broad range of permitted and conditional uses for a limited area. Councilwoman Richards asked if the code amendment can specify that no more than X percentage of the district be given to a single use. Worcester said this can be done. Worcester pointed out the city’s code requires when a text amendment is recommended by P & Z, no building permit may issue in conflict with the recommended ordinance. If Council does not want this, they need to pass a motion that they are not going to apply this section of the code. Clauson said staff would like to see the pending ordinance in force. Councilwoman Richards moved to adopt Ordinance #19, Series of 1998, on first reading; seconded by Councilman Paulson. Councilwoman Richards said she is concerned about the expansion of existing uses that may be allowed under this code amendment. Councilwoman Richards withdrew her motion Councilwoman Richards moved to adopt Ordinance #19, Series of 1998, deleting the conditional use of sales and rental; of sporting goods; seconded by Councilman Vickery. 7 Regular Meeting Aspen City Council June 8, 1998 Councilwoman Richards said she does not want to expand SCI to be a golf pro shop area. Councilman Vickery said he would prefer to stay with the status quo until something better is crafted. Worcester said Council could do that by adopting this ordinance with a motion stating this does not take affect until final adoption. Staff will incorporate Council’s requests into the ordinance for second reading. If Council passes a second motion that this will not take affect, the SCI will stay the same as it has been for years. Councilwoman Richards withdrew her motion. Councilman Vickery moved to adopt Ordinance #19, Series of 1998, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Vickery, yes; Richards, yes; Paulson, yes; Markalunas, no; Mayor Bennett, yes. Motion carried. Councilman Markalunas moved that the pending ordinance document not apply until this ordinance passes; seconded by Councilman Vickery. All in favor, with the exception of Councilmembers Richards and Paulson. Motion carried. Councilman Paulson said he would like to see the ordinance enforced. Councilwoman Richards agreed there has been an erosion of the zone. Councilman Markalunas moved to reconsider; seconded by Councilman Vickery. All in favor, motion carried. Councilwoman Richards said this ordinance has been in front of P & Z for months. The code changes took effect when P & Z recommended them on to Council and there has been no bad effect. Councilwoman Richards said it may take Council several months to adopt this code amendment and businesses could move in in that intervening time. Councilman Paulson said he also wants the percentage of uses addressed. Worcester said the motion to adopt Ordinance #19 stands and the “pending ordinance” doctrine applies. John Walla, Sunshine Cleaner, said his use should be a permitted rather than conditional use. Bendon said the laundry/dry cleaner is listed as a conditional use because of the environmental aspects and traffic. Walla told Council he needs to 8 Regular Meeting Aspen City Council June 8, 1998 sign a lease for additional space and would like some assurance that his use in the SCI zone will continue. Councilwoman Richards moved to amend Ordinance #19, Series of 1998, to move the conditional use of laundry/dry cleaner from conditional to permitted; seconded by Councilman Markalunas. Roll call vote; Councilmembers Markalunas, yes; Richards, yes; Paulson, yes; Vickery, yes; Mayor Bennett, yes. Motion carried. HPC APPROVAL DEMOLITION OF NONHISTORIC GARAGE AT 234 W. FRANCIS STREET Councilman Markalunas said staff did an excellent job of apprising Council of this HPC action and supplying Council with background information. Councilman Markalunas said he did a site visit and it appears the garage was constructed with post World War II material. Julie Ann Woods, community development department, pointed out there is a 1948 photograph of the property showing no garage. It is clear this building did not exist in 1948. Councilman Markalunas said he would like staff to talk to previous owners and to look into the assessor’s records. Councilman Vickery said the city has to use HPC criteria. There are no historic materials in this garage so it is not historic. Council did question whether there are or have been rental units on the property and whether these should fall under the city’s replacement ordinance. John Worcester, city attorney, said the two issues are whether Council wants to call up HPC decision to allow demotion at 234 W. Francis and the demolition of housing. Worcester said staff cannot issue a permit against the city’s code. Councilwoman Richards said she is not interested in calling up HPC’s decision based on the historic aspects but would like staff to investigate whether there is a requirement to replace the housing units. Councilman Markalunas moved to call up the HPC decision on 234 W. Francis; seconded by Councilman Paulson. Councilman Vickery said based on the HPC criteria, there is no justification to appeal their decision. Mayor Bennett said the structure is not 50 years old. It is being reconstructed with identical fabric to the way it stands now and it will not harm the community. 9 Regular Meeting Aspen City Council June 8, 1998 Councilmembers Markalunas and Paulson in favor; Councilmembers Richards, Vickery and Mayor Bennett opposed. Motion NOT carried. Councilwoman Richards moved to go into executive session at 8:05 p.m. to discuss potential litigation, negotiations, land acquisition and advice from counsel; seconded by Councilman Paulson. All in favor, motion carried. Councilwoman Richards moved to come out of executive session at 9:10 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Councilwoman Richards moved to adjourn at 9:10 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Kathryn S. Koch, City Clerk 10 Regular Meeting Aspen City Council June 8, 1998 CITIZEN COMMENTS ................................ ................................ .......................... 1 COUNCILMEMBER COMMENTS ................................ ................................ ....... 1 CONSENT CALENDAR ................................ ................................ ........................ 1 Resolution #45, 1998 - Accepting 10th Mountain Division Statue From Bidwell Estate ................................ ................................ ................................ .................. 1 Resolution #44, 1998 - Approving Amendment to Cozy Point Operating Agreement ................................ ................................ ................................ ........... 1 Resolution #46, 1998 - Wheeler Phone System Contract ................................ ..... 1 Minutes - May 11, 27, 1998 ................................ ................................ ................ 1 ORDINANCE #13, SERIES OF 1998 - Code Amendment Farmers’ Market .......... 2 ORDINANCE #17, SERIES OF 1998 - 123 W. Francis, Historic Landmark Lot Split ................................ ................................ ................................ ........................ 3 ORDINANCE #19, SERIES OF 1998 - Code Amendment S/C/I Zone District ....... 3 HPC APPROVAL DEMOLITION OF NONHISTORIC GARAGE AT 234 W. FRANCIS STREET ................................ ................................ ................................ 9 11